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How long is the wait to file a chapter 13 if I previously filed a Chapter 7?

Four years. If you previously received a Chapter 7 discharge, you would have to wait four years before you can file under Chapter 13 and receive a discharge.

If you received a previously received a Chapter 13 discharge, you must wait only 2 years before you can file another Chapter 13 and receive a discharge.

When do you receive a discharge? Once you make your final payment, you will receive a discharge.

Notice you only have to wait if you received a discharge in the prior case. Also, you can file a second case sooner than the above waiting periods, but you will not be eligible to receive a discharge in those cases. Some people that would do this are those that are not trying to discharge debt but only to repay mortgage arrears or auto arrears and prevent foreclosure or repossession.

For more on waiting periods to filing bankruptcy, contact a Houston bankruptcy attorney at the Rashid Law Firm. We offer the free consultation. We are here to help.

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